Rick Hasen

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I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

181. Courts and Domestic Use of the Military In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the military. A critical early precedent is to the contrary.

In light of Judge Immergut's ruling, there's a lot of noise today coming from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military.

Via "One First," me on the rather significant early precedent to the contrary:

"Abcarian: Does Donald Trump really think he can run for president again in 2028?" #ELB Robin Abcarian in the LA Times: At this point, the Constitution seems less a constraint than a mere sticking point for Trump as he smashmouths his way past anything that impedes his heart’s desires. “...

“Abcarian: Does Donald Trump really think he can run for president again in 2028?” electionlawblog.org?p=152369

They are now calling any and all criticism or (constitutional!) checks on their power terrorism.

"Long Island Republicans criticized for filing lawsuit to keep missing Democratic candidate's name on ballot" #ELB CBS News: Republicans on Long Island are under fire after they filed a lawsuit to keep the name of a Democrat running for the Nassau County Legislature on the ballot even though he has been missing fo...

“Long Island Republicans criticized for filing lawsuit to keep missing Democratic candidate’s name on ballot” electionlawblog.org?p=152363

"Electronic Voting: 10th International Joint Conference, E-Vote-ID 2025, Nancy, France, October 1–3, 2025, Proceedings" #ELB Now available.

“Electronic Voting: 10th International Joint Conference, E-Vote-ID 2025, Nancy, France, October 1–3, 2025, Proceedings” electionlawblog.org?p=152365

"Richard Bernstein To Elect Is to Choose: Election Day Sets When Mail-In Voters Must Mail Their Choices" #ELB Richard Bernstein has posted this draft article. From the summary: Perhaps the legal issue that will affect the most votes in upcoming federal elections is whether, in a federal election, a statute of...

“Richard Bernstein To Elect Is to Choose: Election Day Sets When Mail-In Voters Must Mail Their Choices” electionlawblog.org?p=152351

"Maryland House speaker says 'now is the time' to take up redistricting" #ELB Baltimore Banner: The leader of Maryland’s House of Delegates is pushing her colleagues on redistricting, saying she is “eager” and “willing” to consider redrawing congressional lines to help match ch...

“Maryland House speaker says ‘now is the time’ to take up redistricting” electionlawblog.org?p=152353

"When may a candidate challenge election rules in federal court?" #ELB SCOTUSBlog preview: In federal elections in Illinois, votes by mail are counted until 14 days after the polls close, so long as they are postmarked by election day. Democrats generally favor the rule ...

“When may a candidate challenge election rules in federal court?” electionlawblog.org?p=152337

"MAGA’s Top 'Voter Fraud' Watchdog Votes in a Swing State. He Doesn’t Live There." #ELB Jacqueline Sweet & Marisa Kabas: Jack Posobiec is very concerned about voter fraud. An influential MAGA voice and prominent conspiracy theorist, he’s perhaps best known for amplifying the 2016 “Pizzag...

“MAGA’s Top ‘Voter Fraud’ Watchdog Votes in a Swing State. He Doesn’t Live There.” electionlawblog.org?p=152339

"How Trump’s 2020 election falsehoods are shaping a marquee Georgia race" #ELB WaPo: President Donald Trump’s effort to overturn his defeat at the ballot box in 2020 is becoming a stark dividing line in the Georgia governor’s race, where Republicans who fractured into warring fa...

“How Trump’s 2020 election falsehoods are shaping a marquee Georgia race” electionlawblog.org?p=152341

"Poll: More Americans now agree political violence may be necessary to right the country" #ELB NPR: Three in 10 people now say that Americans may have to resort to violence to get the country back on track, according to a new NPR/PBS News/Marist poll. To be sure, a strong majority disagree with...

“Poll: More Americans now agree political violence may be necessary to right the country” electionlawblog.org?p=152343

"A GOP push to restrict voting by overseas U.S. citizens continues before 2026 midterms" #ELB NPR: For many American citizens living abroad, making sure their ballots are returned correctly and on time hundreds or thousands of miles away, back in the United States, can be tough. But with the 2...

“A GOP push to restrict voting by overseas U.S. citizens continues before 2026 midterms” electionlawblog.org?p=152334

Here's a very smart draft article from Sam Bray, whose work on injunctions is quite influential with the Supreme Court's conservative justices on remedies questions, about removing federal officers:

papers.ssrn.com/sol3/papers....

The Fed Exception, coming to theaters June 2026.

(ORDER LIST: 606 U.S.) WEDNESDAY, OCTOBER 1, 2025 ORDER IN PENDING CASE 25A312 TRUMP, PRESIDENT OF U.S., ET AL. V. COOK, LISA D. The application for stay presented to The Chief Justice and by him referred to the Court is deferred pending oral argument in January 2026. The Clerk is directed to establish a briefing schedule for amici curiae and any supplemental briefs responding to amici.

NEW: The Supreme Court *refuses* to let Trump fire the Fed's Lisa Cook—for now. Instead, the court agrees to hear the case in January. Cook may continue to serve in the meantime.

"An Expert-Sourced Measure of Judicial Ideology" #ELB Kevin Cope has written this article for Political Analysis. Abstract: This article develops the first dynamic method for systematically estimating the ideologies and other traits of nearly the entire ...

“An Expert-Sourced Measure of Judicial Ideology” electionlawblog.org?p=152327

"Why K Street is now living in fear of Trump’s retribution campaign" #ELB Politico: Donald Trump’s attempt to jawbone Microsoft into firing former Biden DOJ official Lisa Monaco as a top D.C. operative has put K Street on high alert about who they hire. Much of the private ...

“Why K Street is now living in fear of Trump’s retribution campaign” electionlawblog.org?p=152329

"Federal judge rejects racial gerrymandering challenge to NC Senate map" #ELB News and Observer: A federal judge upheld North Carolina’s Senate map Tuesday, rejecting claims that Republican lawmakers had illegally drawn the districts to dilute the voting power of Black voters. ...

“Federal judge rejects racial gerrymandering challenge to NC Senate map” electionlawblog.org?p=152324

It would be racist to enforce the Voting Rights Act, y’all. #ncpol

"Exclusive: Nevada's acting US Attorney urged voter fraud probe to help Republicans, document shows" #ELB Reuters: Nevada’s top federal prosecutor has asked the FBI to investigate debunked Republican claims about voter fraud in the 2020 election, a probe she hopes will influence congressional races and en...

“Exclusive: Nevada’s acting US Attorney urged voter fraud probe to help Republicans, document shows” electionlawblog.org?p=152321

Very Excited to Announce My New Book Project, “Unbent Arc: The Rise and Decline of American Democracy 1964-2024)” electionlawblog.org?p=152307
I’m very excited to be working on this major project, bringing together my many strands of research on democracy and election law.

Thanks to @rickhasen.bsky.social for sharing my article, Constitutional Structure and Election Law, forthcoming in the William & Mary Bill of Rights Journal.

I'm of the view that, when @adamprz.bsky.social writes about democracy, we should pay a lot of attention... adamprzeworski.substack.com/p/musings-1

Norm Ornstein: "Will Our Corporate Media Godzillas Have the Guts to Defend Democracy?" #ELB Norm in TNR: So I am not surprised now to see that broadcasters—in an era when there has been much more concentration of ownership, when the technology has made the business models more fraught—have s...

Norm Ornstein: “Will Our Corporate Media Godzillas Have the Guts to Defend Democracy?” electionlawblog.org?p=152318
Important piece by @normornstein.bsky.social

"Constitutional Structure and Election Law" #ELB Manoj Mate has posted this draft on SSRN (forthcoming William & Mary Bill of Rights Journal). Here is the abstract: Since Bush v. Gore, scholarship on election law has centered on a theoretical debate...

“Constitutional Structure and Election Law” electionlawblog.org?p=152310

"SCOTUS Spotlight: Oral Arguments in Louisiana v. Callais" (Oct. 16) #ELB FSU Election Law Center: This conference, presented by FSU’s Election Law Center, will be a one-hour teleforum taking place on October 16, 2025, at 12 PM EST. We’ll bring together three panelists and ...

“SCOTUS Spotlight: Oral Arguments in Louisiana v. Callais” (Oct. 16) electionlawblog.org?p=152312

"'There could very well be consequences': Trump’s team pressures wary GOP lawmakers to draw new maps" #ELB Politico: President Donald Trump is ratcheting up pressure on Republicans to redraw congressional maps across the country, going as far as weighing a primary challenge to New Hampshire Gov. Kelly Ayot...

“‘There could very well be consequences’: Trump’s team pressures wary GOP lawmakers to draw new maps” electionlawblog.org?p=152314

"Trump posts vulgar deepfake slam of Democratic leaders after White House meeting" #ELB Politico: If a government shutdown wasn’t already exceedingly likely, President Donald Trump might have made it a near certainty Monday night. The president posted a vulgar AI-generated deepfake video...

“Trump posts vulgar deepfake slam of Democratic leaders after White House meeting” electionlawblog.org?p=152316